CAFC Issues Mandate in Case Sending Back Use of 'd' Test to Detect 'Masked' Dumping

The U.S. Court of Appeals for the Federal Circuit issued its mandate on June 13 in an antidumping case over the Commerce Department's differential pricing analysis. In the case's opinion, the Federal Circuit said that Commerce must reconsider its decision to use a simple average to calculate the pooled standard deviation when using the Cohen's d test in the DPA to target "masked dumping" (see 2204210031). Ruling that Commerce strayed from the statistical literature without a proper explanation, Judges Pauline Newman, Alan Lourie and Richard Taranto said the agency should reconsider whether a weighted average for calculating the Cohen's d denominator is more appropriate (Mid Continent Steel & Wire v. United States, Fed. Cir. #21-1747).